Lead prosecutor Tan Sri Muhammad Shafee Abdullah said Supt (Rtd) Jude Blacious Pereira complied with the Inspector-General of Police Standing Order (IGSO) where all exhibits had to be placed in separate envelopes before they were sent to the Chemistry Department.
He said that during the examination-in-chief, Pereira had explained the matter in detail and never attempted to cover up his act as contended by the defence.
“What he actually did was strictly comply with what was required of the IO under the IGSO by putting each receptacle in separate envelopes and marking the envelopes.
“He did not make any marking on the receptacles or open them since they were sealed by Dr Siew Sheue Feng, where the doctor and the complainant, Mohd Saiful Bukhary Azlan, signed on the seal on each of the receptacles,” Muhammad Shafee pointed out.
Muhammad Shafee was submitting for the prosecution in the appeal by Anwar against his conviction and five-year jail sentence for having allegedly sodomised his former aide, Mohd Saiful, at a Desa Damansara condominium unit in Bukit Damansara, Kuala Lumpur, on June 26, 2008.
The senior lawyer also told the five-man bench headed by Chief Justice Tun Arifin Zakaria that to support the IO’s action, the prosecution had produced a copy of the IGSO which clearly spelt out how the exhibits should be handled and stored before being sent to the chemist.
Muhammad Shafee said that at the High Court stage, the defence team succeeded in its argument that there was a possibility of tampering which had resulted in the acquittal of the PKR advisor.
However, at the Court of Appeal, the prosecution argued that when chemists Dr Seah Lay Hong and Nor Adora Saidon sealed the exhibits, all receptacles were intact and the court agreed and reversed the High Court decision.
He explained that the intimate samples of Mohd Saiful were collected by two doctors of Kuala Lumpur Hospital (HKL), namely Dr Mohd Razali Ibrahim and Dr Khairul Nizam, on June 28, 2008.